Wednesday, December 21, 2011

The struggle to develop and establish a new human rights instrument to promote the rights of older persons on the international level has received a new boost from the Organization of American States:

The Organization of American States.approved last Friday (December 2, 2011) a major step to start writing the text of a convention to protect the rights of older people. This report was approved and highlights the need to comply with the mandate of the Working Group in 2012. According to the operative paragraph 2 of Resolution AG / RES 2654 (XLI-0/11), its task is to develop "a draft Convention for the promotion and protection of the rights of older people before the end of the first half of 2012.”

If indeed the OAS will stand up to its plan, it will the first international body to adopt and binding international convention exclusively for the rights of older persons. This can also serve as a significant step towards the adoption of a similar trend not only in other global regions but also for the UN at large.

11/01/11 — THE WHITE HOUSE Office of the Press Secretary For Immediate Release November 1, 2011

NATIONAL FAMILY CAREGIVERS MONTH, 2011 - - - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION

Across our country, millions of family members, neighbors, and friends provide care and support for their loved ones during times of need. With profound compassion and selflessness, these caregivers sustain American men, women, and children at their most vulnerable moments, and through their devoted acts, they exemplify the best of the American spirit. During National Family Caregivers Month, we pay tribute to the individuals throughout America who ensure the health and well-being of their relatives and loved ones.

Many of our Nation's family caregivers assist seniors and people with disabilities to help improve their quality of life. Their efforts help deliver short-term comfort and security, facilitate social engagement, and help individuals stay in their homes and communities as long as possible. This heroic work is often done while caregivers balance other commitments to their families, jobs, and communities. As these remarkable individuals put their own lives on hold to tend to their family members, it is our responsibility to ensure they do not have to do it alone.

To ease the emotional and financial burdens that can accompany caregiving, my Administration has striven to support family caregivers for the crucial role they perform. Vice President Joe Biden's Middle Class Task Force has focused on the importance or investing in respite care, counseling, and training for individuals who serve aging Americans. These initiatives would give family caregivers a leg up as they continue to support their aging loved ones.

One of our Nation's greatest responsibilities is to ensure our veterans, their families, and their caregivers receive lasting and comprehensive support. Last year, I signed the Caregivers and Veterans Omnibus Health Services Act, which helps fulfill this obligation by extending additional assistance to family members who care for severely wounded veterans from Iraq and Afghanistan. Our military caregivers exemplify the heroism found not only on the fields of battle, but also in the hearts of those who tend to our wounded warriors when they come home.

As we observe National Family Caregivers Month, we honor the tireless compassion of Americans who heal, comfort, and support our injured, our elders, and people with disabilities. This month and throughout the year, let the quiet perseverance of our family caregivers remind us of the decency and kindness to which we can all aspire.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2011 as National Family Caregivers Month. I encourage all Americans to pay tribute to those who provide for the health and well-being of their family members, friends, and neighbors.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of November, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

Wednesday, October 26, 2011

The potential of local and municipal powers as tools to promote rights of older persons has received growing attention in scholarly writing in recent years (e.g. Israel Doron and Kim Dayton (forthcoming) research on municipal elder in the USA).
One of the manifestations of this recognition is the WHO's glogal network of age friendly cities.
The first international conference in this field was held recently in Dublin, Ireland on the 28-30 of September 2011.
The outcome of this conference was a declaration, "The Dublin Declaration: Age Friendly Cities and Communities".
The link to the declaration is below:http://www.afc-internationalconference.ie/templates/afc/images/Dublin%20Declaration.pdf
Amongst others the declaration states that:

“3. Where we live, our physical, social and cultural environment, greatly impacts upon how we live. The significance of ‘place’ in all our lives cannot be overestimated. The built environment impacts on the quality of all of our lives and can make the difference between independence and dependence for all people, but especially for those growing older. Place is inseparable from our sense of identity and this is true for people of all ages, including older people.

4. Cities must equip themselves with the necessary means and resources and systems of resource distribution to promote equal opportunities and the well-being and participation of all citizens, including their older citizens. By 2030, two-thirds of the world’s population will be living in cities, and the major urban areas of the developed world will have 25 per cent or more of their population people aged 60 and over. However, many older people in developed and developing countries live and will continue to live in rural and sometimes remote communities. These communities must also develop the capacity to promote the health, well-being and participation of their older citizens.”

This recognition is of much importance, and it seems that the Dublin Declaration can serve as yet another important step in developing this field in the future.

Saturday, September 17, 2011

A new report on the right to health of older persons has been presented at the UN:
Thematic study on the realization of the right to health of older persons presented by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover

In the present report, submitted in accordance with Human Rights Council resolution 15/22, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, considers the realization of the right to health of older persons.
Noting the significant pace of the world’s ageing, the study urges a paradigm shift according to which society should move beyond a simple search for healthy ageing by its citizens and begin working towards active and dignified ageing, which is planned and supported just like any other stage of the individual’s life course. Active and dignified ageing for older persons requires reframing society’s concept of ageing to put more focus on the continued participation of older persons in social, economic, cultural and civic life, as well as their continuous contributions to society.

The report underlines that the right-to-health approach is indispensable for the design, implementation, monitoring and evaluation of health-related policies and programmes to mitigate consequences of an ageing society and ensure the enjoyment of this human right by older persons. Accordingly, health facilities, goods and services should be made available, accessible, affordable, acceptable and be of good quality for older persons.

The report also notes that encouraging older persons to remain physically, politically, socially and economically active for as long as possible will benefit not only the individual, but also the society as a whole. It further concludes that the promotion and protection of human rights of older persons should be of concern to everyone because ageing is a process that will apply to all.

Friday, August 19, 2011

One of the most important bodies in the field of law and aging is the ABA Commission on Law and Aging.
The commission has been active for many years in developing legal policies in the realm of elder law.
In recent years ABA Commission has started to look beyond American elder law and into the international perspectives of rights of older persons.
This important interest has culminated in a recent policy adopted by the ABA House of Delegates, that was the outcome of the initiative of the the commission.
Below is a short report by Charlie Sabatino, the Director of the commission on this important development:

"At its August annual meeting, the ABA House of Delegates adopted a policy proposed by the Commission on Law and Aging urging the United States Department of State and the United Nations and its member states to support the ongoing processes at the U.N. and the Organization of American States to strengthen protection of the rights of older persons, including the efforts and consultations towards an international and regional human rights instrument on the rights of older persons. This is kind of a wordy way to say its time for an international convention on the rights of older persons. You can see the policy and report at: http://www.americanbar.org/groups/law_aging/policy.html (click on the bullet labeled "Towards the Creation of an International and Regional Human Rights Instrument ….”)

This finally puts the ABA in line with a growing number of NGOs that have been pursuing this goal for some time. These organizations have come together in the Global Alliance for the Rights of Older Persons. You may not have thought much about elder rights in an international context, but it's becoming hugely important. Check it out and see how you might be able to get involved at: http://rightsalliance.org/

Saturday, April 30, 2011

If any one needed another evidence for the need for an international convention on the rights of older persons, see below the report by Agewell Foundation, regarding human rights of older persons in India:

In recognition of older-persons friendly programs being run by Agewell Foundation consistently since 1999, Department of Economic & Social Affairs of United Nations (ECOSOC) has granted Special Consultative Status to Agewell Foundation. Thus, Agewell has become the first NGO from South-Asian region in Old Age Sector, which has been granted this prestigious status at United Nations.

Recently in pursuance of promoting a UN Convention towards Strengthening Older Persons’ Rights, Agewell Research & Advocacy Centre (for Needs & Rights of Older Persons) has conducted a study on “Human Rights of Older Persons in India” and organized a Symposium on Human Rights of Older Persons at India Habitat Centre, New Delhi.

AGEWELL STUDY

HUMAN RIGHTS OF OLDER PERSONS – April 2011

INTRODUCTION
Population aging is a worldwide phenomenon, and India is no exception. Indian population has approximately tripled during the last 50 years, but the number of elderly Indians has increased more than fourfold. The 2001 census has shown that the elderly population (60+) of India accounted for 77 million and census 2011 projections indicate that elderly population has crossed the 100 million mark. It took more than 100 years for the aged population to double in most of the countries in the world, but in India it has doubled in just 20 years. The life expectancy has also gone up to over 70 years today. Better medical facilities, care and liberal family planning policies made the elderly the fastest growing section of the society in India.

g socio-economic scenario, industrialization, rapid urbanization, higher aspirations among the youth and the increasing participation of women in the workforce, roots of traditional joint family system has been eroding very fast. In urban areas of the country traditional joint family system has become thing of past. In such changing situations, majority of older persons, who have passed most part of their life with their joint/extended families are on the verge of isolation or marginalization in old age. At this age, when they need family support most, they have to live on their own. Even basic needs & rights of many of them are not addressed. Social marginalization, loneliness, isolation and even negligence in old age lead violation of Human Rights of Older Persons.

Ironically, in India older generations are not aware of their human rights due to high prevalence of illiteracy and lack of awareness. On the other hand, due to comparatively high physical as well as psychological vulnerability their cries for help remain within four-walls, that’s why only a few cases of violation of human rights of elderly come out. Ever-increasing numbers of distress calls from older persons clearly indicate disturbing condition of Human Rights of Older Persons in India.

OVERVIEW
“Human Rights” Definition as per Article 25 of Universal Declaration of Human Rights
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

HUMAN RIGHTS OF OLDER PERSONS
· Right to life shall be protected by law.
· Right not to be subjected to inhuman treatment “No-one shall be subjected to torture or to inhuman or degrading treatment or punishment”.
· Right to liberty “Everyone has the right to liberty and personal security.
· Right to a fair hearing “In the determination of his civil rights and obligations... everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”.

· “Civil rights and obligations”.

• the right to respect for home, family and private life

• the right to freedom of thought and conscience.

• the right not to be discriminated against age

• the right to property - everyone is entitled to the peaceful enjoyment of his possessions

• the right to education

OBJECTIVE

Research & Advocacy Centre at Agewell Foundation (a consortium of over 1500 NGOs and 6500 volunteers spread across 540 districts of India, committed to initiate better interaction between generations and extend a helping hand) has recently carried out a nationwide survey to study the status of human rights of Older Persons.

Agewell Research & Advocacy Centre has conducted a survey to assess the status of the violation of human rights of older persons. Under the survey, it was attempted to identify responsible factors for violation of human rights of older persons.

In view of lack of core policies on protection of older people in old age and fast increasing elderly population, study was also focused to suggest or recommend some specific points to policy makers, planners and decision makers so that human rights of older persons could be respected in future and a standard framework could be developed to protect every older person’s human rights.

METHODOLOGY AND SAMPLE DESIGN

Experienced and qualified volunteers were selected as interviewers and they were provided with proper guidelines, directions, training, etc. Under the survey campaign, comprehensive interviews were undertaken by managing time-bound schedules to collect information /impression/views from selected older persons from across the country

For the survey a representative sample of 50000 older persons (29000 from rural areas and 21000 from urban areas) were interviewed spread across 300 districts of 25 states & Union Territories of India.

Agewell volunteers' network spread across the country worked as interviewers for the survey. The interviews were conducted during the month of March 2011.

Popularity of nuclear/small families was found to be main reason of violation of human rights of older persons

· 75.5% of older persons reportedly living in inhuman conditions or going through crisis in their life are living alone or they are from nuclear/small families.

· 60.54% of older persons interviewed during survey were found living alone or in nuclear/small families. 30272 older persons out of 50000 older persons said that they don’t live in joint families.

· 22250 respondents said that they would to like live in a joint family but their circumstances do not allow them. Only 8022 said that they are happy living alone.

· Only 2 out of 5 older persons were living with joint families. Only 19728 older persons out of 50000 older persons have joint families.

· Percentile of older women living in joint family system (55%) was found higher than older men.

Voilation of Human Rights of older persons is higher in urban areas of the country in comparision to rural areas.

65% older persons living in urban areas reported that they had to go through critical phase in their life or have to live in abject situations due to their old age.

74.16% of older persons living in urban areas (78.9% older men & 69.4% older women) were living in nuclear/small families. Only 25.84% older persons (21.1% older men and 30.6% older women) have joint families. In cities only 5168 older persons out of total 21000 older persons were found living in joint families.

Whereas in rural areas nearly half the older persons (51.46%) were found living with their joint families. In villages 46.9.1% older men & 50.1% older women were from joint families. In rural areas 13560 out of total 29000 rural elderly have joint families.

Lack of awareness about Human Rights of older persons is one of the major reasons of ever-increasing cases of voilation of human rights of older persons. In rural areas due to lack of awareness about human rights old people were found leading a miserable life. Literacy has direct connection with awareness of Human Rights of Older Persons.

· Overall 47% older persons contacted during the survey were found literate in all age groups. In age group of young older persons (60-70 years) 50.27% of older persons are literate. In the age group of 71-80 44.18% older persons were found literate and in oldest older persons category (80+) 39.35% older persons are literate.

· When data collected by survey teams were analysed it was found that more than half (approx. 53%) older persons are found illiterate, 28.2% older persons are just literate and only 18.8% older persons are educated.

· In urban areas approx. every third older person is illiterate where in rural areas almost 2/3rd olde persons are illiterate. In urban areas 25.87% older persons are educated whereas only 14.1% rural elderly are found educated.

· Illiteracy among elderly women was found slightly higher in both, rural and urban areas.

85.9% older persons had never heard about Human Rights of Older Persons.

Only 14.1% older persons said that they know about Human Rights or heard about Human Rights. 42948 older persons (85.9%) out of total 50000 older persons approached by Agewell volunteers during survey expressed their ignorance about Human Rights.

In rural areas awareness level about Human Rights was very low in comparison to urban areas. In villages only 4.81% older persons said that they have heard about Human Rights while 95.2% rural elderly have no knowledge of human rights of older persons or they have never heard the term ‘Human Rights’.

In urban areas awareness about Human Rights is higher where 28.04% older persons said that they know about human rights of older persons.

Since literacy rate among elderly women is low, awareness about Human Rights is also less among older women, in both rural and urban areas. In rural areas out of total 15900 older women interviewed by interviewers during the month of March 2011, only 351 older women said that they have heard about Human Rights or they know little about what human rights of older persons are.

Over 23.3% older persons (respondents) were found living in inhuman conditions or (in other words) facing violation of their human rights in old age.

When survey team tried to assess the living conditions and situations of respondent elderly, they found that human rights of 11652 older persons out of total 50000 older persons were not being protected. They were not even getting their basic rights from their respective families/societies.

In the opinion of interviewers 76.7% were found leading satisfactory life or were found with no complaints from their life in old age.

Surprisingly, in urban areas approximately 30% of older men were found complaining about protection of their basic rights (including human rights). 2988 out of total 10000 elderly men were living in inhuman conditions according to interviewers’ assessment.

In rural areas, 2302 & 3942 older men & older women respectively were found living in inhuman conditions as per study.

In urban areas for many older persons non-availability of family support system or less interaction with family members was identified by interviewers as major factor of violation of basic/human rights of older persons.

Cases of self-denial of Human Rights by older persons were also noticed by interviewers because of beliefs and customs prevailing in different societies.

Among older persons living in inhuman or miserable conditions, 86% of them are widowers/widows and children-less old people. Most of them have detached themselves from physical comforts and facilities. Instead of complaining about their physical life they boast about their spiritual life.

12.9% older persons revealed that they are not getting proper food in old age.

When asked about most basic human right of older persons, whether they get proper food or not, 6444 older persons out of total 50000 older persons (12.9% older persons) comprising of 3101rural elderly and 3343 urban elderly said that they are not getting proper food in old age.

Interviwers inpressions

Most of older persons believe that they should not eat much or they shall not be compaining about food at their age. “My childen know better, so I have reduced my diet.” “Kam Khao Sukhi Raho”(If you eat less, you remain happy) “Now its their (children) turn to eat more.” “We need a little food to keep going”, etc. were among few common comments received from older persons.

Every sixth old person (16.7%) living in urban areas is not getting proper food today. 3343 older persons informed interviewers that getting even normal food is a big problem for them.

In some rural areas only 8.46% elderly were struggling for proper food in old age. In areas subject to poverty, lack of family support was found to be major cause for this situation.

Approx. every third older person in the country is not getting proper medicine/health care in old age.

On analysis of data obtained by interviewers from 50000 respondents, it was found that only 68.8% older persons have access to necessary medicines, health care and medical facilities while 31.2% older persons said that they are not getting proper medicines/health care in old age.

According to 15588 older persons interviewed (8970 rural elderly & 6618 urban elderly) getting medicines / health care facilities for various diseases in old age has been their concern due to various reasons.

Interviwers inpressions

Older persons believe that diseases of eyes, joint pains, diabetese, hearing problems, etc. are due to their old age and they often seem careless towards these diseases. Older men were less vocal in comparision to older women about their health conditions. Statements like “Ab dawa nahi dua chahiye” (in my age I need blessings rather than medicines). “Ab to umar ho chali” (I am too old for medication now) “There is no one to listen to me”, etc. were common.

Again in urban areas getting medicines/health care is a bigger problem in comparison to rural areas. In urban areas where 21000 older persons were interviewed, 33.09% older persons (2898 old men & 3710 old women) mentioned that they are not getting proper medication/ medical care in old age.

In rural areas only 26.6% elderly (7970 out of total 29000 rural older persons contacted) complained about medicines/health care in old age.

Every second older person is not getting due respect or good treatment from his/her family member/society.

Survey shows that overall 48.6% eldelry (44.5% in rural areas and 54.81% in urban areas) in our country are not being respected by their family members/ relatives and soceity. According to survey data, 12350 rural older persons (out of 29000 rural older persons) & 5481 urban older persons (out of 21000 urban older persons) reported that their family members/relatives do not respect them and invariably ill-treat them. Mostly they are made to feel that they are redundant because of their Old Age.

Interviwers inpressions

Older persons are respected in society in general but within their individual families, majoriy of older persons feel insulted on many occasions. Property related issues, interference in family matters, interpersonal relations, unemployment in old age, excessive medical expenses, dispute among siblings, greediness of younger generation, fall of morals, etc. are major reasons of disrespect or mistreatment of older persons.

Surprisingly, older men are more prone to mistreatment in their respective families and societies. In rural areas 7512 older men do not get good treatment and due respect in comparision to 5838 older women. In urban areas too, 5780 older men in comparision to 5182 older women reported to survey team that they are not being well-treated.

47.4% older persons were discriminated because of their Age

When volunteers asked older persons about any kind of discrimination due to their old age they face, 52.35% in urban areas and 44.1% in rural areas accept that due to their age they were humiliated occasionally or treated disrespectfully.

When data analyzed on gender basis, it was found that older men face age-discrimination more often. 53.4% older men in comparison to 41.4% older women faced discrimination in employment, family matters, family functions, participation in social-cultural activities, etc.

Most common problems being faced by older persons due to their old age

When older persons were asked about their most pertinent old age related problems, majority of older persons said that marginalization by family members/society is their No. 1 concern.

Almost 1/3rd older persons (33.65% 16824 older persons) gave 1st priority to marginalization and neglect as their cause of pain, while 12998 older persons (22%) indicated it their 2nd most upsetting problem.

6624 older persons indicated respect in old age and their interaction with family members/relatives as their most common problem in old age. 7248 older persons expressed it as their second most common disturbing issue.

No work/job opportunities available and safety & security concern in old age were also adjudged as highly prioritized & most common concerns of older persons.

Observations

For most of the older persons Human Rights is a new term for their basic rights. Awareness about Human Rights of Older Persons among older persons is negligible. Young old people (60+) living in cities is generally familiar with Human Rights.

Transformation of traditional joint family system into nuclear or small family system is one of the main factors responsible for violation of human rights of older persons.

In urban areas cases of violation of human rights of elderly population is on rise in comparison to rural areas. Popularity of small/nuclear family system, lack of intergenerational interaction, less social interaction of older persons, age discrimination, non-existence of inclusive social security system in the country, etc are among the most important reasons of miserable condition of older persons in urban areas.

Older persons in the age-group of 60-70, i.e. young older people are more aggressive towards protection of their human rights. Due to high level of awareness about their Human Rights they don’t like to compromise with circumstances or situations, instead they cry and demand for their rights.

People entering in the bracket of 60-70 years don’t like “Old Age” tag attached to them. Interestingly, they don’t digest the fact that they have become old, that’s why they feel hurt when treatment or behavior of other people is changed towards them due to their growing age.

Due to fast growing population of older persons, ever-increasing gap between generations and fast demanding lifestyle of young generatoins, for majority of older persons life is still a struggle, even in Old Age.

Conclusion

Progress of human civilization, advancement in medical science and healthier lifestyle of people has obviously increased life of Old Age. Ironically, changed socio-economic conditions have completely changed living conditions of older persons in the country. In changed set up, old people face increased incidences of age discrimination, ageism, elder abuse and mistreatment of older community, which are strictly against any civilized society.

Awareness of Human Rights of Older Persons in the society, particularly among older persons and protection of their human rights has become an uphill task for all of us. To decrease the incidences of age-discrimination, age-discriminatory policies like retirement policies in both government and public sector, various reservation policies need to be amended.

Today, we urgently need an inclusive social security program for older persons at grass root level while utilizing tools like value based education, awareness generation, research & advocacy in order to protect Human Rights of Older Persons.

India today has a very large population (and ever increasing) of old people who are the first timers (as old persons in their families). Most of them have not seen their own parents living this long. For them Old Age is a new experience for which they never prepared themselves. Though everyone wants to live for as long as possible, preparation for Old Age is an alien concept. The individual or his/her family no one seems to be prepared for Old Age.

Even the policies for old people are more cosmetic than effective. Rights of an individual in old age are considered as more of a moral responsibility of the family members. No one seems to be concerned about the fact that an individual who is old has certain basic human rights.

In the fast changing circumstances when the number of old people in every society is increasing at a very fast pace we need to:

- Inculcate a sense of responsibility towards needs & rights of older persons through curriculum of School students.

- Re-look at all the policy formulations and its implementation with a practical approach towards needs & rights of old people

We all want to live a long life but we almost not plan for our Old Age. Be it an individual, a family, society in general or the government, each one of us needs to be sensitive towards needs & rights of old people

The panelists will discuss the recent activities and possible outcomes of the Working Group, which was established in accordance with the resolution of the UN GA Third Committee, A/C.3/65/L.8/Rev.1, adopted on November 19, 2010. The Working Group’s mandate is to consider the existing international framework, identify how to best address possible gaps, and consider the feasibility of a new legal instrument. Additionally, the panelists will discuss future implications of the ongoing process to strengthen the protection of older persons within the Organization of American States, in particular in light of the Special Session of the Permanent Council that took place on October 28, 2010, where the majority of participating states called for a regional convention on the rights of older persons.

CLE Accreditation will be applied for (1.5 credits) – registration will be $55. For further information, contact: Office of Special Events & Continuing Legal Education, 202.274.4075 or secle@wcl.american.edu.